Hr Manager
Freelancer In Hr &indirect Taxes For
+1 Other

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I have got a new offer, I have accepted it over email but have not digitally signed it and also haven't completed the online onboarding.
I am expecting another offer in a few days. My current offer letter says that if I resign I need to serve 2 months notice period or pay for the notice period days.
My question is if I join and resign within a week's time and not serve notice period, do I need to pay them 2 months salary?
Secondly, since i haven't yet done the onboarding part, am I currently bound by the employment contract already?

From India, Pune
There is no leagl issue in declining /canceeling an offer of appointment done on e mail or for that matter accepatnce of offer in writing .What you need to do it is to send a mail reply referring to your previous mail ( accepting the offer of employmnet) saying that you are constrained to withdarw your accepatnce of offer of employmnet due to compelling personal reaons . This will cease any leagl binding between the employer and you .
But it is advisable to think twice before accepting an offer of employmnet especially when you intend garnering mutiple job offers on hand at a relatively short time, so as to choose the best one that suit you by all means which prompts you to join the best one .
You should appreciate the fact that an employer spends time and resources to zero in on you and your withdrawal of acceptance of offer either at the stage or at last inute will put the employer to lots of strains. Further if you adopt the same trick frequently , your reputation in job market will get damaged and your future employment prospects will be put to jeorpardy .
Plese take care


From India, Chennai
Now, digital communication is well accepted in Courts also. For you to become bound by company rules, it is not necessary, now-a-days, that you have to receive Job Offer letter in hard copy and you need to put your signature on the second copy of your letter. Once e-mail communication is received by you, you are bound by the rules and regulations put forwarded by the company.

Coming to your exact querries

1)My question is if I join and resign within a weeks time and not serve notice period, do I need to pay them 2 months salary?

If you join the company, you are admitting and agreeing the rules and regulations, terms and
conditions governing your employment with the company. If you seek separation, you have either to serve stipulated notice period or make payment in lieu of notice period.

2) Secondly, since i havent yet done the on boarding part, am I currently bound by the employment contract already ?

We advise you to consult a legal professional who is expertised in employment laws.

From India, Aizawl
Accepting a job offer over email is equal to confirming that you are ready to join
Therefore Only thing which remains is that if any lead time given for joining, then you can honestly decline the offer with reason and apology.
If you you join and leave,even for a day, you are bound by services terms and conditions hence you will have to serve notice period or pay in lieu.
Pls exercise high professionalism in matters of job acceptance and joining formalities.It is matter of your repute in industry.

From India, Vadodara
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